Motorcycle Accidents
Motorcycles are fun, but they also present greater risks than other motor vehicles for several reasons: (1) a motorcyclist is exposed to direct impact between his body and the pavement or other vehicles; (2) two wheels are less stable than four; (3) cars and trucks are much bigger and heavier than motorcycles and thus, in an impact between them, the motorcyclist takes the biggest impact; and (4) other drivers just don't notice, see or observe motorcycles. Because of this last fact, drivers often cut motorcycles off, or fail to yield to motorcycles, or follow motorcycles too closely, or open their car doors into motorcycles, or rear-end motorcycles. Even a slight impact can knock the biker from his motorcycle and cause serious injury.
Motorcycles are also more prone to accidents caused by poor roadway maintenance or construction. For example, a poorly drained road might cause a car to have to wade through a deep, long puddle, but that same puddle might cause a biker to be thrown from his bike. Thus, poor drainage, clogged culverts, potholes, steep shoulders and other roadway defects are much more dangerous to motorcyclists than to other vehicle drivers and occupants. A biker injured by a road defect can bring a claim against the city, town, county or even the State that owned and maintained the roadway.
Another cause of motorcycle accidents is poor design or manufacture of the bike itself. Some bikes might have a throttle that sticks, or faulty brakes, or defective forks, defective fuel lines, defective welded parts, defective bolts, defective tires, or other defective parts that can cause an accident.
Motorcyclists in New York need to be aware that insurance and liability rules are different for motorcycles than for cars. For example, most motorcyclists do not have "no-fault" insurance (which is required only for cars, but not for bikes). Another example: When you are hurt in a car accident, you generally cannot sue the negligent, at-fault driver unless you have suffered a "serious injury" as defined by law. But if you are injured on a motorcycle, you can bring a claim against the at-fault driver even for minor injuries.
Motorcycle injuries are usually more severe than car accident injuries. Paralysis, sever scarring, sever concussions and brain damage, amputations, spinal cord injuries, fractured bones, and death, are all too common in motorcycle accidents.
New York Motorcyclists are ill-informed about the insurance they should have. Most are underinsured. At Michaels & Smolak, we educate our biker clients on what motorcycle insurance they need.
Michaels & Smolak has recovered millions of dollars for clients injured in motorcycle collisions to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of a motorcycle accident, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.